28 Feb 14 | India, News and features, Religion and Culture
(Image: University of Chicago)
Omair Ahmad, author of ‘Jimmy the Terrorist’ and ‘The Storyteller’s Tale’ has written to his publisher, Penguin India, to cancel his contracts so that he does not feel hypocritical criticizing them. Ahmad’s statement follows closely behind a strongly worded letter by author and Booker Prize winner Arundhati Roy, who asked, “You must tell us what happened. What terrified you?”
The reactions by Ahmad, Roy and other Indian authors and columnists have been prompted by Penguin India’s decision to pulp all remaining copies of American author Wendy Doniger’s controversial book – The Hindus: An Alternative History. This decision came after pressure put on the publisher from a lawsuit filed in 2010 by Hindu group Shiksha Bachao Andolan Committee (The Movement to Save Education) which claimed the book contained heresies and factual inaccuracies.
For its part, Penguin India claimed that it settled the four-year suit in part due to the Indian Penal Code that makes it “increasingly difficult for any Indian publisher to uphold international standards of free expression.” It went onto cite section 295A which threatens up to three years imprisonment against those who “with deliberate and malicious intention of outraging the religious feelings of any class of citizens in India, by words, either spoken or written … insults or attempts to insult the religion or the religious beliefs of that class.” International copies of the book are still available. And, predictably, the book can be illegally downloaded over the internet.
Reactions in India have been mixed. There are those who support Penguin’s decision, as there is a worry that the book places forward a highly sexually charged version of Hinduism, offensive to many devout Hindus. Offensive enough for a group to move the Court against such a book, as is their legal right. However, what has shocked many is that Penguin succumbed to pressure to remove the book from the Indian market without their even being a court order forcing them to do so. As a reaction, the Bangalore based Alternative Law Forum has issued a legal notice to Penguin India claiming the publisher has violated freedom of speech laws and its readers’ rights. The Hindustan Times carried an article criticizing Chiki Sarkar, the publisher of Penguin India, for not keeping her word of October 2012 to “take the next injunction we are faced with and really fight it out.” This, to many, is just another case of self-censorship by so-called liberals because of pressure from right-wing fringe groups who “morally police” Indian society. This is indeed a rising trend in India, as is evident by the growing numbers of reports in the news highlighting cases of exhibitions being cancelled and more famously, stopping authors like Salman Rushdie to appear at literary book festivals.
In a passionate editorial, commentator Pratap Bhanu Mehta has hit out at liberals, so called defenders of free speech for failing themselves. As he writes: “Liberal India has been silenced because it never understood that toleration does not, to use Govind Ranade’s phrase, come in halves. You cannot pick and choose when to be tolerant. You cannot choose to be tolerant along partisan lines. Neither can you choose to be tolerant based on what you think are distinctions between good and bad scholarship, serious and scurrilous books. These distinctions are a good basis for criticism; they are not the best basis for deciding whom the law will protect. And R.V. Bhasin, author of a banned book on Islam, will be protected as much as Wendy Doniger. And so it should be. If you want a hundred flowers to bloom, a few weeds will grow as well.”
Bhanu is right. Attacks on freedom of speech aren’t always prompted only by religious groups. It was only in January 2014 that the media reported that ex-bureaucrat Jintender Bhargava’s book India’s national airline, Air India, was being withdrawn by publisher Bloomsbury, with leftover stocks being destroyed, as well as an apology to former civil aviation minister Praful Patel, who has been pilloried in the book as the man who caused the downfall of the airline. Bhargava found that television discussions about his book were cancelled for reasons unknown to him, and despite an ensuing legal battle – ex-minister Patel has filed defamation cases against him which are yet to be settled — the publisher chose to settle the matter with Patel.
In an article on the matter, Medianama reported that the author, Bhargava, chose to keep the rights of the book for himself and is now looking for another publisher or to release the book online. This, the site reports, is possibly “a sign of things to come.”
Could this also be yet another sign of things to come: What it is now being described as the phenomenon of “libel chill” in India. This means using money to start libel suits the moment someone criticizes them. The Hoot reports of yet another case towards the end of 2013, where giant group Sahara India filed a case against Tamal Bandopadhyay, journalist and author and his publisher Jaico India, for damages of a whopping Rs 2 billion and a perpetual injunction restraining them from publishing or circulating or releasing the book, Sahara : The Untold $tory, in any form.
In these cases, what is the role of the publisher? Can Penguin India be held to a higher standard – one that would involve years of costly litigation – or can they be forgiven for taking a business decision that means they give up on their authors who are left to fend for themselves? Should writers of sensitive subjects look to retaining the rights to their books lest they need a new publisher, or explore digital publishing because the trend seems to indicate publishers might not wait for a court order to stop publishing certain books.
The final answer, then perhaps, lies in the solving of “blatant abuse of libel and defamation laws by corporations and individuals in positions of power, to silence critical voices”, as described by Gautam Bhatia in Outlook magazine. He offers a solution: In the interest of free speech the court must protect journalists and authors who do not wilfully or with reckless regard publish what they know to be wrong. As he writes, “it is possible that the pendulum will swing the other way, and the threat of an unrestrained and irresponsible media can never be discounted… undesirable though the prospect of an unaccountable media is, the prospect of a silenced media is far worse.”
The courts must stand up for freedom of expression in India, and publishers and authors need to know that principles of free speech are worth fighting for, and self-censorship isn’t the new order of business. It is absolutely no coincidence that India has been ranked among the worst countries (140 of 180 countries) on the World Press Freedom Index in 2014.
This article was published on 28 February 2014 at indexoncensorship.org
17 Feb 14 | Digital Freedom, India, News and features
Delhi Chief Minister Arvind Kejriwal called off the 30-hour protest (Dharna) outside Rail Bhavan on January 21, 2014 after few of his demands were considered.
Arvind Kejriwal, Delhi’s erstwhile chief minister, gained popularity among the ‘aam aadmi’ – ordinary citizens – because of his tough anti-corruption stand. Many saw his newly formed party, the Aam Aadmi Party (AAP) as a breath of fresh air. His antics and strategies to grab media attention didn’t disappoint either.
During his campaign for Delhi’s highest seat, he cut off electricity wires outside peoples homes to mark his defiance of what he said are corrupt electricity meters that overcharge people. Once in office, he sat in protest against Delhi’s own police force, demanding that the Central Government that controls the Police in Delhi, the country’s capital, immediately transfer its control to his government. Kejriwal has become an urban icon. Always wrapped in his trademark muffler, with a seemingly constant cough, his image is being parodied intensely on the internet. He insisted on being sworn in as Chief Minister of Delhi, in an open –to-all public function at one of Delhi’s biggest grounds instead of at the office of the Lt. Governor of Delhi, as is practice. For a while, he was adamant about holding a special session of the Delhi Assembly, called for legislating the Jan Lokpal Bill seeking to establish an anti-corruption ombudsman, in one of the capital’s largest stadium instead of inside the Assembly itself. On 14th February, after unsuccessfully trying to introduce the Jan Lokpal Bill on the first day of Delhi’s State Assembly, he held a press conference in the pouring rain to announce that he was resigning over this issue. This capped his 49 day tenure, and just before ending his press conference, he declared that che is ready to “sacrifice his life for the country” in his fight against corruption.
In terms of theatrics that inescapably accompanies his politics, Kejriwal is caught the imagination of India’s common man. He is always on television. That any politician willingly resigned as chief minister will not be lost on Indians, used to seeing politicians hang onto power with dear life. Many are looking to Kejriwal to make a sizable dent in the national elections, projected to be held in April 2014.
While campaigning and during this term in office, Kejriwal unveiled an arsenal of ideas to battle status quo – and take on people in authority head on – including his idea of asking the common man to use the mobile phone as a “weapon” to secretly film government and police officials demanding bribes. This proof then could be turned over to his government, which had set up an exclusive hotline to deal with corruption charges. Don’t get mad, get even – seems to be his motto as he urged residents of Delhi, “setting kar lo” – or fix them.
Media reports confirm that as a result of “open season on sting operations” the sale of spycams have increased in Delhi, with some shopkeepers estimating that the sale of these hidden cameras have shot up almost 90%. Spy cameras are available in the form of pens, keyrings, buttons, watches, pen-drives and eyeglasses, and on a more expensive scale, in jewellery and other bespoke items.
This isn’t the first time AAP has recommended the use of spycameras. Days before the New Delhi vote, the media reported that AAP were fitting slums with spycams to ensure that candidates of other parties did not go there to try and buy votes – and if they did – they would be caught. Over 2,000 spycams were reportedly used for this operation.
The AAP party is not the first — and certainly won’t be the last — in suggesting the use of cameras, especially through mobile phones, for citizen empowerment. In fact, when Delhi’s traffic police first launched a page on Facebook, citizens began posting pictures of cops breaking traffic laws in hopes that they be reprimanded. Similarly when the Municipal Corporation of Delhi started its Facebook page, people took advantage of the platform to post pictures of shoddy or incomplete works in their neighbourhoods.
Community video project, India Unheard, has armed citizen journalists from small towns and villages with cameras, and they report on development and other issues, and publish these videos on the internet. In many areas, due to the spotlight on them, government officials have responded to these negative reports and taken action. The parent outfit, Video Volunteers, even ran a campaign to check the “real” progress of India’s Right to Education Act, by bringing out over 100 videos that document the real implementation of this act on the ground.
The use of technology “from below” to hold those in power accountable is also known as sousveillance, a word that comes the French word “sous” (from below) with the word “viller” coined in 1998 by Professor Steve Mann of the University of Toronto. In the West, sousveillance is being looked at by some as an foil to mass surveillance; a manner in which citizens can watch those watching them. Others, however, express some doubts at a society where citizens are pointing cameras at a state that is watching them, and perhaps ultimately leading to a situation where everyone is watching each other. Surveillance is normalized because it is so institutionalized.
However, sousveillance is not necessarily targeted towards government and law enforcement officials alone. In New York, a project called Hollaback asks women to take pictures of their harassers and upload it to their site. The movement has expanded and extends to Indian cities as well. And gadgets like Google Glass will make humans capable of recording their perspectives on a 24/7 basis, amassing huge data.
So it appears that at a time when civil society is up in arms against big brother surveillance schemes run by the government because of their privacy breaches, we are simultaneously doing the same to ourselves, with what some call little brother surveillance.
Jay Stanley, Senior Policy Analyst at ACLU writes, “Under the old expectation, the default expectation was that any given event would not be photographed… That is rapidly being replaced by a new mindset in which the default expectation is that something taking place in public will be recorded. Thus you often hear expressions of disappointment when a disputed or dramatic public event is NOT caught on video.” He also raises the point that citizen video footage might give the state a reason to scale down their mass surveillance activities, because video evidence can simply be collected from private photos and videos. However, it seems unlikely, given what we know about governments world wide, that most countries will be ready to give up their schemes to the off-chance that somebody-recorded-it.
Of course, one can argue there is a subtle difference between CCTV cameras that clearly announce their existence, people pointing mobile phones at each other on the street, and the proliferation of spycams to “fix” people. There is also legitimacy attached to this process when the chief minister of a state asks its citizens to collect proof of wrongdoing as the basis of taking action, as has been done in New Delhi. In fact, in a speech made just about three weeks after he took office, Kejriwal announced that he is quite sure that corruption must have come down at least 20-30% in Delhi, to thunderous applause. A helpline the new government has set up even offers to tutor citizens in how to conduct sting operations against corrupt officials. In an editorial by the Indian Express, the paper advises that, “Sting operations are an ethical minefield. They are based on lies and entrapment, even if in the service of a larger cause. They are easy to manipulate at several levels, including editing to convey the desired impression of a meeting. This unease about the subterfuge and distortion of using undercover cameras is the reason stings are not admissible as legal evidence. How can they be the basis of prompt government action, then?”
The truth is that India has a problem of entrenched corruption, and the AAP’s ride and subsequent anti-graft ideas address these concerns head on. Previously India’s Central Vigilance Commission in 2010, had encouraged people to conduct stings on government officials, even as a draft privacy law, yet to be passed by the Indian parliament, said such operations could violate individual privacy. Others worry that programs like these need protections such as a Whistleblowers Act and provisions to protect anonymity. However, the concept of sting operations, made popular by a vigilante media has become so popular that there is now an Indian website that collates India sting operations for anyone to see.
The government of India’s capital is installing more and more CCTVs for safety reasons, the Central Monitoring System is being deployed to track citizens online behavior, and now the Delhi government is glorifying sting operations through radio ads and billboards. Ultimately, the AAP, consciously or unconsciously, has given its vote to a society based on sousveillance.
Can the encouragement of spycams and secret mobile tapings end up in people spying on neighbours, and perhaps even blackmail them? Could Delhi’s public spaces shrink because of the “spycam moral police”? Are adequate privacy frameworks in place?
The AAP needs to think about these questions, especially if it plans to field these ideas during the national election campaign trail.
Point and shoot are never orders to be given lightly.
This article was published on 17 February 2014 at indexoncensorship.org
16 Jan 14 | India, News and features, Politics and Society, Religion and Culture
It is almost impossible to believe, but the government of India’s largest and most populous state, Uttar Pradesh, has been accused of taking the country’s most popular (and shrillest) English news channel, Times Now, off the air following a wave of critical reporting. The so-called ban also extended to another channel, India News. The move led to a widespread backlash, and both channels have been restored. The Samajwadi Party government led by Akhilesh Yadav claims it was a technical glitch and not a targeted strike against its critics.
While the background causes for the ban were slowly built up over time, the immediate one was Times Now’s dogged coverage of a star-studded Bollywood event that cost “crores”, thrown by the Uttar Pradesh government – a festival called “Saifai Mahotsav.” This came at a time when victims of a riot in the town of Muzzafarnagar have been left in the bitter cold to fend for themselves in relief camps. Juxtaposing images of the young Chief Minister watching nubile Bollywood starlets gyrate to the latest hit songs with images of a little child shivering in relief camps, the channels demanded to know, among other things, why the event was taking place and where the money was coming from. The brutal Muzzafarnagar riots, which took place in late August 2013 between Hindus and Muslims in the community, ended with over 1800 Muslim families being displaced from their homes. The Indian media has routinely been reporting on the problems of resettlement, the cold, the dismal conditions of the camps and the victims’ complaints of foul play by officials there. Given this background, the glamorous Saifai festival became a rallying point for TV channels. They also started reporting that five ministers from the Uttar Pradesh government were on a foreign junket while riot victims were still suffering. The criticism against the government was loud and unforgiving, and in some cases, unrelenting.
Soon the editors of both Times Now and India News received reports that their channels were blocked across many cities and towns of Uttar Pradesh. As it stands, it seems the ban was applicable to those still watching cable and was not implemented over Direct-to-Home satellite systems. According to the Indian media, cable operators unofficially admitted that they were being pressurised by the government. The president of the Cable Service Consumer Protection Committee, Ambika Prasad Ojha told the Times of India that “the telecast of Times Now and India News has been stopped across UP because the CM got offended by their negative coverage of the Saifai Mahotsav.” Online media channel Newslaundry reported that they were unable to find any official communication ordering a ban.
In light of the increased criticism, the Uttar Pradesh government has defended itself saying that, “the [Samajwadi] party respects media freedom and that there must be some technical error and nothing else.” The Chief Minister gave an interview explaining that the festival is to boost tourism and industry in the state and has been portrayed in a bad light by the channels, and took offence to much of the language used in their reports. Party spokesperson Gaurav Bhatia singled out the word “debauchery” that Times Now’s main anchor had used to describe the festival. In the same interview, the Chief Minister talked about an interview he gave a year ago that was vetoed by the sales and marketing department of the channel, hinting that incessant coverage of the timing of the festival was not due to its newsworthiness, but to gain viewers. He even complained that the channels did not mention that the same Bollywood stars who attended Saifai Mahotsavalso, also visited sick children in hospitals.
While the young Chief Minister might feel persecuted for holding an annual festival – riot or no riot – the cable operators admissions have heavily hinted that there has been behind-the-scenes muzzling of the media. That coupled with the fact that two very vocal critics were taken off the air in the wake of heightened negative coverage does not bode well for neither the Uttar Pradesh government’s lip service to media freedom, nor media freedom in India on the whole. The incident has taken place without anyone going to an industry association with a formal complaint or a formal order for a short-term ban (as happens from time to time in India when channels break rules). The Information and Broadcasting Minister, Manish Tewari, made a statement saying that, “I think it is extremely unwarranted, it is extremely uncalled for and if at all any channel has been taken off the air for malicious reasons or a malafide reason, it is extremely uncalled for that freedom of speech and expression is trampled upon in this manner.” Tellingly, the Minister had just finished a speech in which he had said that in broadcasting, if content is king then distribution is God.
Ultimately, unless it can be proven that cable operators stopped the transmission of Times Now and India News on purpose, the story will remain mired in allegations. However, the public sentiment on social media seems to agree that the channels were unfairly targeted. What this exposes is the lack of rules when in face-offs between politicians (or perhaps, ruling politicians) and the media. Earlier reports on the Congress government have centred on requests to Google to take down posts that criticised it, as well as cases of social media users being arrested for comments critical of politicians. In this case, it seems, instead of either ignoring the criticism, or filing a formal complaint, the state government simply bullied cable operators into taking the channels off air. For a country that prides itself on a diverse and robust media environment, it is yet another in a long list of warning signs that press freedom is certainly not to be taken for granted and need to be protected at all costs.
This article was published on 16 Jan 2014 at indexoncensorship.org
07 Oct 13 | Digital Freedom, India, News and features, Politics and Society
Illustration: Shutterstock
India’s National Integration Council met in the last week of September 2013 to discuss the threat of communal violence in the country. The council, first set up in the early 1960s, gives senior Indian politicians and public leaders a platform to discuss issues that could divide the country along caste, communal, language and regional fault lines. This September, with the backdrop of violent communal clashes that have seen over 50 killed and 40,000 displaced in India’s most populous state, Uttar Pradesh, Prime Minister Manmohan Singh sat with some of the Chief Ministers, to discuss how to resolve these issues.
There were early reports that the meeting was going to discuss the ‘misuse’ of social media, as news reports have indicated that the violent clashes in Uttar Pradesh were spurred on by false videos on YouTube. In India, the regulation of social media has been a subject of great controversy. The government has, in the past, used the IT Act’s Section 66(A) to arrest people for irresponsible posts that they claimed could cause ‘communal tension’. However, as the famous case of the Palghar girls demonstrated, many early arrests under this Section were politically motivated. Similarly, while the government has in the past asked social media companies to take down controversial posts, it has been revealed that most of the requests were again to take down criticism against the government.
However, at the same time, social media and MMS (multimedia messages through texts) have indeed been known to cause real damage. Last year, false rumours spread through MMS resulted in the exodus of northeastern migrants from south India, as the threat of violence seemed imminent. At the time, the government had to ban bulk text messaging, and ultimately restricted messages to 5 a day to curb any more rumours. Meanwhile, with global violence in the aftermath of the YouTube video, The Innocence of Muslims, the government of Jammu and Kashmir decided to suspend the internet for a few days to prevent any incidents.
Only about 164.81 million Indians have access to the internet, and only 143.20 million over mobile phones according to official figures released by the Telecom and Regulatory Authority of India in March 2013. Given this scenario, both the reach in terms of positive and negative impact, is still quite limited in India.
The prime minister, however, chose to focus on social media’s role on fanning communal violence in his address at the National Integration Council. His views on hate speech on social media were echoed by many others, including Uttar Pradesh Chief Minister Akhilesh Yadav, Maharashtra Chief Minister Prithviraj Chavan, Assam Chief Minister Tarun Gogoi, Jharkhand Chief Minister Hemant Soren, Haryana Chief Minister Bhupinder Singh Hooda and Meghalaya Chief Minister Mukul Sangma. The majority of chief ministers, then, favour social media regulation. Ideas thrown forward included taking action within the current legal framework, setting up ‘social media laboratories’ to monitor posts under intelligence departments and even mobilizing NGOs and prominent citizens to counter social media rumours.
There are a few important points to keep in mind while looking at this debate: the real need for regulating social media, scapegoating by politicians and finally, preserving freedom of expression and an open internet.
Given India’s experience with hate speech online, and reports about gender targeted abuse, along with abuse based on political, caste, community and regional affiliation, there is a valid point raised for some kind of regulation of social media. However, the real question is the kind of regulation India chooses to favor. In China, a new law can charge people with defamation if a false rumor started by them gets reposted over 500 times. In India, current laws allow citizens to go to court over information that has even caused them “annoyance” under Section 66A of the law. To ensure this is not abused, the government has now mandated that a senior police officer looks at individual cases before allowing charges to be filed to avoid nuisance cases. In the aftermath of the Muzzafarnagar riots of Uttar Pradesh, some citizens are urging the National Human Rights Commission to ask the Department of Telecom to screen and remove inflammatory posts on social media. However, when looking at cases where mass impact can cause damage (such as the exodus of northeasterns from south India), the government relied immediately on technology to solve the problem. The same can be said of the Jammu and Kashmir government, which switched off the internet, at the slightest hint of trouble.
However, both responses need to have legal sanctity. We already know the Indian government monitors its citizens’ communications, and much like many other governments across the world, and the legal basis for these programmes are still dubious. The government may want to come up with a plan for targeted control of certain communication channels should a particularly disastrous video or message surface over social media, and clearly contributes to an inflamed environment and damage on the ground. Social media is already being used to recruit terrorists. Perhaps some communication channels will be used to organize riots, as have been seen before in London. These will become bigger concerns when more than a sliver of India is connected to the internet. The debate will undoubtedly be seen through the prism of security instead of the freedom of expression, as we are currently witnessing the world over.
In a predominantly uneducated country, rumours run rife, and the result is not violence alone. For example, in 2006, polio campaigns in India have failed in Muslim communities, because of rampant rumours that the polio campaigns were a method to sterilize the community. In 2008, despite warnings, rumours that an apparition of the Virgin Mary would appear to devotees after staring into the sun caused dozens to go blind. Earlier in June 2013, three men were lynched to death in the state of Assam because of a rumour that a group of “naked men” were raping women. This does not mean every misguided or even damaging video needs to be censored immediately.
The constitution of India allows for freedom of expression, although with restrictions. However, any plan to take reasonable action in light of clear and present danger, should be drawn up with the help of civil society organizations and lawyers, and cannot be made and implemented unilaterally. The potential for abuse is too great.
Unfortunately, as it seems today – social media has become become the target of scapegoating by politicians. For example, the violence in Uttar Pradesh may or may not have been caused/spurred by a YouTube video. There is no empirical evidence for that. What isclear is that the Muzzafarnagar riots started with two Hindu boys stabbing a Muslim youth because he stalked their sister. Not YouTube. However, it would appear that instead of focusing on other causes of communal tensions in a neighbourhood, which include poverty, development, and unemployment, senior politicians vilified social media.
With elections looming, can one guarantee that any gap in planning, law and order management or inflammatory campaign speeches won’t be blamed on a tweet or Facebook update? Will the outward calling for “regulating social media” will substitute for real change on the ground?
Finally, the most important point remains. Hate speech, law and order, and mass panic are realities India’s states have been living with for years. It would appear that, in dealing with free expression on the internet, India’s politicians seem to err on the side of control. Perhaps the next election is not just about the economy, but equally about the Indian citizens freedom of expression and freedom from control.
This article was originally published on 7 Oct 2013 at indexoncensorship.org
